Bensel v. Kuhlman

Supreme Court of Louisiana

Decided July 11, 1923

Supreme Court of Louisiana · decided 1923-07-11

Cited by 9 later decisions — most recently June 1958

9 state decisions

Key passage — most relied on by later courts

““The facts alleged in the petition show that plaintiffs have exaggerated the amount of the injury, if they suffered any. The damage alleged could not possibly be $2,000, or near that sum. This court has jurisdiction in cases like this when the amount in dispute exceeds $2,000. Const, art. 7, § 10. The allegation that the amount of damages suffered in this case exceeds $2,-000 is contradicted by the facts alleged.””

quoted by 1 later decision, including Fontenot v. Laudeau

Good law ✅— No negative treatment on recordhow we know

Decided 1923-07-11

View the full empirical analysis of this case →

O’NIELL, C. J.

¶1Plaintiffs have appealed from a judgment rejecting their demand for $3,500 damages for trespass alleged to have been committed by defendants on plaintiffs’ property.

¶2The facts alleged in the petition show that plaintiffs have exaggerated the amount of the injury, if they suffered any. The damage alleged could not possibly be $2,000, or near that sum. This court has jurisdiction in *152cases like this when the amount in dispute exceeds $2,000. Const, art. 7, § 10. The allegation that the amount of damages suffered in this case exceeds $2,000 is contradicted by the facts alleged.

¶3It is ordered that the appeal be transferred to the Court of Appeal for the Parish of Orleans. The appellants are to bear the costs of the present appeal. All other costs are to depend upon the final judgment.